Terms of use

The use of the online store www.vital-disk.com is regulated by these general rules and the applicable legislation. By entering the online store, it is considered that you (User / Consumer) have read and accept these general terms and conditions. 

The online store www.vital-disk.com respects consumer protection rights. The consumer cannot waive the rights granted to him by the Consumer Protection Act. In the event of non-compliance of these conditions with the applicable consumer protection legislation, the legislation takes precedence and should be applied. The online store www.vital-disk.com is maintained by the company DS TEAM, Dejan Simić s.p., Trg na stavbah 7, 1270 Litija, VAT no.: SI92667864, info@pocenistran.si. Product manager of the online store www.vital-disk.com, is the company AVR, Tomaž Rozina s.p., Na Roje 12, 1275 Šmartno pri Litiji, VAT no. : SI92778089. 

The online store manager reserves the right to change these Terms and Conditions without notice. The content of the Terms and Conditions is a valid and binding agreement between the consumer and AVR, Tomaž Rozina s.p., Na Roje 12, 1275 Šmartno pri Litiji, VAT no. : SI92778089. Every consumer undertakes to fully respect these terms and conditions.

1. General

1.1. Definitions:

Online store - VITAL DISK online store, available at www.vital- disk.com 

Seller - AVR, Tomaž Rozina s.p., Na Roje 12, 1275 Šmartno pri Litiji, VAT no. : SI92778089, info@vital-disk.com

Buyer - an entity that has entered into or intends to enter into a legal transaction with the seller. 

User - an entity that uses the online store. 

Sales contract - a sales contract for a Product that is being concluded or is concluded between the buyer and the seller through the online store. 

Product - items that are available in the online store and are the subject of a legal transaction between the buyer and the seller. 

Shopping cart - a service in the shape of an online form, which is available in the online store and allows you to place an order by adding Products to the electronic shopping cart and defines the terms of the sales contract.

Order - A statement from the buyer sent via a shopping cart, which is aimed at concluding a legal transaction or a sales contract with the seller. 

Photographs and graphic images - Photographs and graphic images of products may be symbolic and may not guarantee the characteristics of the product.

1.2. The VITAL DISK online store is managed and operated by AVR, Tomaž Rozina s.p., Na roje 12, 1275 Šmartno pri Litiji, VAT no. : SI92778089, info@vital-disk.com

1.3. The conditions are intended for users of the online store. By using the online store, the consumer or customers agree to these terms and conditions, and the regulations on personal data protection. 

1.4. Contracts concluded through the online store are concluded in the Slovenian language. 

1.5. The manager of personal data, processed in connection with the implementation of the provisions of these conditions, is AVR, Tomaž Rozina s.p., Na Roje 12, 1275 Šmartno pri Litiji, VAT no. : SI92778089, info@vital-disk.com

2. Online store services

2.1. The online store provides the following services: ordering of products and subscribing to the newsletter. Creating a user account in the online store is not enabled.

2.1.1. The order form allows you to place an order by adding products to the electronic shopping cart. The order is placed when the buyer confirms the order by paying for the Products and any delivery costs. In the Order Form, the Buyer enters and thus provides the Seller with the following information about the Buyer: first name and surname, address (street, house number, postal code and city), e-mail address, contact telephone number, order information, place and delivery method of products, and payment method. 

2.1.2. [NEWSLETTER SUBSCRIPTION!] The online store allows you to subscribe to the newsletter. The newsletter is available free of charge. The user can unsubscribe from receiving the newsletter at any time and without stating any reason. This is done by sending a request to the provider via e-mail: info@vital-disk.com

2.1.3. [USER ACCOUNT!] Creating a user account in the online store is not enabled.

2.2. The website manager recommends the following technical requirements necessary for the optimal use of the online store: computer, laptop or other multimedia device with Internet access; access to e-mail; cookies and Javascript support enabled in the web browser. 

2.3. Complaints regarding services of the website manager and complaints regarding the operation of the online store (not related to the purchase) can be submitted by the user to the following address: AVR Tomaž Rozina sp, Na Roje 12, 1275 Šmartno pri Litiji, VAT no. : SI92778089, info@vital-disk.com

 

3. Prices and conclusion of the sales contract

3.1. All prices in the online store are in euro currency and include value added tax (VAT), unless otherwise stated.

3.2. The conclusion of a sales contract between the buyer and the seller occurs after the customer has completed the sales process with the help of a shopping cart in the online store and has made payment for the selected Product or Products, and for the delivery, if charged in the order. 

3.3. The conclusion of the sales contract between the buyer and the seller occurs after the buyer has completed the sales process in the online store and made payment for the selected Products.

3.3.1. After the buyer places an order, the seller usually immediately confirms the acceptance of the order for execution. The seller confirms the acceptance of orders to the buyer via e-mail to the e-mail address provided by the buyer when placing an order. The seller's message contains the seller's statement of receiving an order, acceptance of an order for execution, and confirmation of the conclusion of the sales contract. It is considered that a sales contract is concluded between the buyer and the seller when the buyer receives the specified e-mail.

3.3.2. When an order, concluded on the basis of the sales contract, is paid and delivered, the seller will send an invoice for the Products and delivery to the buyer via e-mail to the e-mail address provided by the buyer when placing an order, if the delivery is charged in the order.

3.4. In the event of exceptional circumstances, the seller may inform the buyer that he will refuse to execute the order. Exceptional circumstances are, inter alia, when the goods, which are the subject of the contract, are no longer in stock. In the event of exceptional circumstances, the seller will immediately notify the buyer and refund the purchase price already received for the paid Product. In the event of exceptional circumstances, the seller is not liable to the buyer, even if the order was not executed even after the seller has already sent the buyer a confirmation of acceptance of the order.

3.5. If there is an obvious error in stating the price of the Product in the online store, the seller reserves the right not to place the order at the wrong price. In this case, it returns to the buyer any purchase price already paid for such Product. In this regard, the seller will inform the buyer as soon as possible if he discovers an error and will present the correct price. This will also ensure the possibility for the buyer to confirm or cancel the order in accordance with the correct price.

 

4. Payment method

4.1. When the user selects the Product or several products, he can confirm the order in the shopping cart. The user is obliged to enter the necessary information about the payer and the recipient, the method of delivery and the method of payment or the choice of means of payment.

4.2. [PAYMENT METHODS!] Under these conditions, the seller provides the buyer with a method of payment with Visa, MasterCard, AmericanExpress, PayPal, and Stripe. Payment is made upon completion of the order process.

4.3. With the execution of the payment, the order is considered to be confirmed by the buyer, which is the basis for concluding a sales contract.

4.4. After the payment has been made, the seller sends the buyer an e-mail to the e-mail address provided by the buyer when placing the order, confirming acceptance of the order.

5. Method and time of dispatch – parcel delivery and costs

5.1. [TYPE AND METHOD OF DELIVERY!] As a rule, products ordered in the online store are delivered by Pošta Slovenije or GLS. Delivery of goods is limited to the territory of the state of Slovenia with the possibility of sending goods abroad.

5.2. Delivery is made to the address specified by the customer in the ordering process. The website manager is not responsible for the accuracy of the data entered by the customer when ordering.

5.3. If delivery is not successful or the customer is absent at the time of delivery, as a rule, the delivery service leaves a notice stating the contact information the customer to call and arrange for a new delivery. To optimize the delivery process, it is recommended that the customer, when placing an order, specify the telephone number which the delivery service can contact.

5.4. [DELIVERY COSTS!] Delivery of the product to the customer is payable, unless otherwise stated in the online store. The costs of delivery of the Product are stated to the buyer before placing an order. Unless otherwise stated, the cost of delivery of the Product is €3.9 including VAT, which is paid by the buyer.

5.5. [DELIVERY SERVICES!] The seller provides the buyer with the delivery methods using the services of Pošta Slovenije or GLS.

5.6. [SHIPPING DEADLINE!] The deadline for dispatch of the product is usually the next day from the time the payment is credited to the seller's bank account, or exceptionally no more than 5 working days from the time the payment is credited, unless a different deadline is stated in the Product description or upon sending an order. For products that are not in stock, the shipping time may be longer. Ordered products will be shipped as soon as they are all in stock, unless otherwise agreed between the buyer and the seller.

6. Complaints and manufacturing defects

6.1. The basis and extent of the seller's liability to the buyer if the sold Product has a material or legal defect is determined by the applicable legislation, in particular the Consumer Protection Act and the Code of Obligations.

6.2. The defect is material if the Product does not have the properties necessary for its normal operation; if the Product does not have the characteristics necessary for use, which the seller knew or should have known; if the item does not have the properties and qualities prescribed, if the seller has delivered an item that does not match the pattern or model. The suitability of the goods for normal use is assessed based on the normal goods of the same kind and taking into account the seller's declaration about the characteristics of the goods.

6.3. The buyer can file a complaint as follows: send it in writing to the following address: Na roje 12, 1275 Šmartno pri Litiji, or send it via e-mail to: info@vital-disk.com

6.4. In the notice of complaint, the buyer must provide: information and circumstances related to the subject of the complaint; a request to reconcile the Product with the Sales Contract, or a request for a refund of part of the amount paid in proportion to the defect, or a request to replace the defective item with a new faultless item, or a request for a refund of the amount paid; and their contact details. The Buyer who is filing a complaint must allow the Seller to inspect the Defective Product. 

6.5. The buyer must notify the seller of the defect within two months of the date on which the defect was discovered. In the event of a complaint, the legal entity must act in accordance with the provisions of the Code of Obligations.

6.6. The seller will immediately, but no later than within 8 calendar days from the date of buyer’s filing the complaint, decide on the demands of the buyer.

7. Return of goods and right of withdrawal

7.1. The consumer has the right to withdraw from the sales contract concluded in the online store within 14 days from the date of purchase without stating any reasons. Products must be returned unused and undamaged and in the original, undamaged packaging. The Buyer has no additional costs, except for the cost of returning the Products. 

7.2. To meet the deadline, it is sufficient for the buyer to send a statement before the deadline of 14 days from the date of purchase. A statement of withdrawal from the contract must be sent to the following address: AVR, Tomaž Rozina s.p., Na Roje 12, 1275 Šmartno pri Litiji; or via e-mail to: info@vital-disk.com. 

7.3. In order to withdraw from the sales contract, the consumer must make an unequivocal statement saying that he is withdrawing from the sales contract. 

7.4. The period for withdrawal from the contract begins when the buyer or a third party acquires possession of the Product on behalf of the buyer. 

7.5. The Buyer must return the Products no later than 14 days after the written notice of withdrawal from the sales contract. Returned Products must be unused and undamaged and in the original, undamaged packaging. 

7.6. In the event that the buyer withdraws from the contract, the seller will refund all payments received (except for additional costs of returning the products due to the choice of type of delivery) no later than 14 days from the date of receiving of the notice of withdrawal from the contract. The return is made by the seller to the buyer’s account that was specified in the statement of withdrawal from the contract. The consumer does not bear any costs for reimbursement. The seller may withhold the refund until he receives the returned goods or until the consumer provides proof that he has sent the goods to the seller. 

7.7. The Buyer is obligated, within 14 calendar days from the day of withdrawal from the contract, to return the Product to the Seller or hand it over to the authorized person for collection. The customer can return the product to the following address: AVR, Tomaž Rozina s.p., Na Roje 12, 1275 Šmartno pri Litiji. 

7.8. The buyer must enclose a copy of the original invoice received upon purchasing of the Products. 

7.9. Possible costs of returning the Products related to the withdrawal from the contract, which fall upon the buyer: replacement packaging fee - €1 € with VAT. 7.9.1. The seller is not obligated to reimburse costs in excess of the cheapest standard method of delivery available in the online store. 7.9.2. The buyer bears the cost of shipping the returned Product.

 7.10. The right to withdraw from the contract is not available to the buyer in connection with the purchase of Products made according to the instructions of the buyer; Products that are perishable or have a short shelf life; Products that are inseparable from other objects. 

7.11. The form for exercising the right of withdrawal can be found here (PDF)

 

8. Possibility of out-of-court settlement of consumer disputes

8.1. Detailed information on the possibility of using the out-of-court method of handling complaints and asserting claims and the rules of access to these procedures is available on the website of the Consumer Protection and Competition Department.

8.2. The seller participates in resolving consumer disputes out of court on a voluntary basis and is not obligated to participate in it.

9. Provisions on legal persons

9.1. This section of the terms of use and the provisions it contains apply only to customers and users who are legal entities. 

9.2. The seller has the right to withdraw from the sales contract concluded with the buyer, who is a legal entity, within 14 calendar days from the date of conclusion. Withdrawal from the sales contract in this case may be made without stating any reason. 

9.3. Upon shipment of the Product by the seller to the postal service provider, the charges associated with the Product, and the risk of loss or damage to the Product, fall upon the buyer. The seller is not responsible for loss of product, defect or damage to the product that occurred after shipment, during the delivery to the buyer, nor for any delays in delivery.

 9.4. The buyer is obligated to inspect the shipment immediately after receiving it. If they find that damage was caused during transport or that the Product has defects, they are obligated to take all actions necessary to determine the liability of the carrier. 

9.5. All disputes arising between the seller and the buyer, who is a legal entity, are subject to jurisdiction of the court within whose jurisdiction the registered office of the seller is situated.

9.6. The website manager reserves the right to change the terms of use for justified reasons such as: changes in legislation, changes in the way of doing business, or upgrading the business process. 

9.7. In matters not covered by the terms of use, the legislation in force applies. This is mainly in the field of consumer protection, personal data protection and contractual obligations.

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